Wicked Chops is reporting that Jason Newitt has been subpoenaed by a US federal court in the Southern District of New York. Though not confirmed, they are comfortably saying that JDN has an order to appear (presumably before a grand jury?) on Tuesday, September 14.

Newitt, a well-known figure in Las Vegas poker circles, is probably most famous for being crippled by yours truly in the Pokerati half-and-half tourney at Detox — Dude, I admit it was a bad call for all my chips with only a 10-high flush draw! So I got there, deal with it! That hand would propel me to near-victory while setting him up for an early departure. But probably more relevant to the Feds is info from JDN as:

• a loyal Full Tilter who hooked up players with patches
• sender of the infamous Gobboboy email, a forwarding oopsie that may or may not have revealed Howard Lederer to be kinda a big jerk to fat kids, but also someone calling the shots at Full Tilt
• someone who claims to have received distributions for his supposed ownership in Full Tilt
• someone who sued FTP after getting fired and said distributions suddenly stopped, laying out ownership and operational structures at Full Tilt.

Oh, and because he’ll get pissed if we don’t acknowledge his credibility as a witness, Newitt has a WSOP Circuit ring (NLH), a Venetian Deep Stack win (O8), a Remington for his victory at the LAPC (PLO-8), and a 25thish place finish in the Pokerati NLH/PLO Championship.

Good guy, probably knows a lot he’s never revealed before under oath … but talk about an awkward position. In his suit he claims he’s a partial owner in Full Tilt, but were he to win that civil case, then he could be in some hot water with SDNY, which, in addition to prosecuting payment processors, has gone on record declaring Full Tilt’s biggest competitor, PokerStars.com, as facilitating an “illegal gambling business”.

Meanwhile … Mini-FTOPS is going, wheee! I wonder how many DOJers have, in the course of investigations, have gotten hooked on online poker and are playing either Mini-FTOPS or WCOOP, telling their bosses it’s “research”.

The amount Rennick admitted was involved in the illegal “gambling conspiracy” he was part of totaled $583 million. But as part of his plea agreement — reducing his threatened sentence from 30 years to 6-to-12 months — the amount he actually signed over (thereby contributing to national debt reduction, obv) was about $17 million. I think that was just about everything he had on him. The Feds are still seeking that extra half-billion, and expect Rennick to help them find it before he gets officially sentenced in September.

Check it out … here’s the actual forfeiture order
.
The crime the Canadian payment processor pled to (one count) was a Wire Act violation. Generally we poker people have thought of the Wire Act as being more about sports betting. But in Rennick’s case, court documents made it clear — specifically in an sworn affidavit from an FBI agent — that this money came from Full Tilt and/or PokerStars.

By law, the Feds have 30 days to post the details of his seized accounts at www.forfeiture.gov. Then, you’ll have 60 days to file a claim if you think any of that money might belong to you. Any takers?

Big ups to @GamingCounsel for helping me understand the difference between “forfeiture allegation” and “subject property” in 140 characters or less. [thx!]

Sentencing for Rennick is scheduled for sentencing on September 15th, with a prison term of six to twelve months expected.

Click here to read the court order assuring Tzvetkoff will remain behind bars throughout the pre-trial process.

The reason Judge Kaplan cited for denying bail was “a serious risk the defendant will not appear” as he faces “clear and convincing evidence” against him.

Heads-up credit to @GamingCounsel.

As the first ever accused UIGEA criminal, Tzvetkoff faces up to 75 years in prison on multiple fraud and money laundering charges related to his dealings with American online poker players, American banks, and American-friendly online poker sites, including Full Tilt, PokerStars, Absolute, and Ultimate Bet.

Though I don’t fully understand all the jurisdictional details, supposedly the district court in New York trumps any ruling from the federal magistrate in North Las Vegas, who granted bail on the surety of his father’s $1.2 million house in Brisbane and the condition that the elder Tzvetkoff would drive his son to New York where he will be tried.

(They haven’t even gotten to a lingering detention order from the Department of Homeland Security, which theoretically coulda had him sent to Guantanamo not that long ago to be waterboarded for all the information he knows about the identity of Isildur1 online poker.)

Personally, I was wondering why they were gonna let Tzvetkoff’s dad drive him from Vegas to NYC. I mean shit, this is the Southern District … they think in terms of mobsters, and it seems like the Vegas judge was just begging to have the broke former multimillionaire kid run off the road somewhere near the Grand Canyon.

The Deputy Marshal says that depending on the New York judge’s decision — no date on when it’s expected — Tzvetkoff will either have his bail re-granted (at which point they will deal with the Immigration and Customs Enforcement issue) or denied and likely flown to New York, where he will be transfered to a federal detention facility there as he awaits trial.

Getting Away With Poker
How is helping people play a card game like murder?

I find this article particularly interesting because of how it pairs politically with the recent story in The Hill about legalized online gambling creating jobs, according to a new study. Though jobs are appealing on both sides of the aisle, it’s clearly an issue the Dems are looking to own in coming months.

Meanwhile, Reason, a Libertarian magazine, speaks more to the Tea Party set. So regardless of what happens to Tzvetkoff, you gotta like the plausibly bipartisan sales pitch taking shape in the Beltway for whatever online poker bills may or may not come to fruition later this year.

I haven’t quite figured out why the poker world hasn’t jumped on the significance of the first-ever UIGEA criminal indictment. Pussies! Oh well, so be it … if you pretend it isn’t there, maybe it will go away, right?

But for those who care about accuracy and relevance, just an fyi, I found these landmark more-than-just-regular-ole-money-laundering accusations in the Department of Justice’s publicly available criminal complaint:

The Indictment charges TZVETKOFF with four counts, including bank fraud, money laundering, and conspiracy to operate and finance an illegal gambling business and to process electronic funds transfers in violation of the Unlawful Internet Gambling Enforcement Act of 2006.

This is the same document, of course, where the DOJ reveals how they see the people Tzvetkoff did business with as “illegal internet gambling companies” … and says that investigations are ongoing.

Prosecutors protested his release, claiming he was a flight risk as a foreign national who is believed to have a $100 million hidden stash at his disposal.

But the judge accepted the assurance of his father, Kim Tzvetkoff, who was willing to put up his own $1.2 million home in Brisbane, Australia, up as collateral should Daniel fail to appear in New York’s Southern District federal court. The potential release was a surprise even to his family — and presumably a relief to any online poker big-wigs who fear they might face a similar challenge somewhere down the line.

Click here for a video interview with his father.

However, Tzvetkoff will likely spend at least a few more days in the North Las Vegas Detention Center as his lawyers fight a separate detention order from US Immigration and Customs Enforcement, the largest investigative agency in the Department of Homeland Security.

Should he clear immigration, his father has agreed under court order to drive him across the country to New York, where he will be met by his pregnant fiance and 3-year-old son to live under house arrest while awaiting trial.

Tzvetkoff was in Las Vegas, btw, for a conference (still trying to figure out which one), and was staying at the Encore. Police arrested him there after someone — supposedly one of his creditors — tipped off the FBI about his presence.

Kinda funny in a Vegas way … he had to share a bench during the bail hearing with a woman charged with prostitution.

Dude … it’s gettin’ hot here in the US … specifically in Las Vegas.

Yesterday federal authorities arrested Daniel Tzvetkoff, a 27-year-old Australian national “on charges that he assisted illegal internet gambling companies by processing approximately $500 million in transactions between U.S. gamblers and internet gambling websites and disguising the transactions to the banks so that they would appear unrelated to gambling,” according to a statement from the DOJ’s Southern District of New York.

Illegal internet gambling companies? Yikes …

Tzvetkoff, as founder of Intabill and ACH System, faces up to 75 years in prison for bank fraud, money laundering, conspiracy to operate and finance an illegal gambling business, and … get this … for processing fund transfers in violation of the UIGEA.

I’m pretty sure that’s the first ever indictment to bring up UIGEA charges.

About a year ago the Australia Courier-Mail reported that Tzvetkoff owed Full Tilt, PokerStars, Ultimate Bet, and Absolute Poker more than $30 million as the overextended, ostentatious Gen-Y tycoon’s personal empire was crumbling. Then, Full Tilt (through Kolyma Corporation) sued Tzvetkoff in Australian Court, saying his company Intabill owed them $52 million.

Before his arrest, he was saying Full Tilt tricked him into a bad deal and his lawyer doublecrossed him. He blamed the economy for a multi-multi-millionaire having to declare bankruptcy earlier this year. More on the pre-arrest rise and fall of an online poker payment processor here.

I mean for chrissakes, he drove a Lamborghini with the license plate “BALLER”! And when a bank repossessed a competitive race car of his, they got everything except its $100k engine, which had been stripped out and hidden.

Click below for the official word from the DOJ:

United States Attorney Southern District of New York

FOR IMMEDIATE RELEASE
APRIL 16, 2010

AUSTRALIAN MAN CHARGED IN MANHATTAN FEDERAL COURT
WITH LAUNDERING HALF BILLION DOLLARS
IN INTERNET GAMBLING PROCEEDS

PREET BHARARA, the United States Attorney for the
Southern District of New York, JOSEPH DEMAREST, JR., the
Assistant Director-in-Charge of the New York Office of the
Federal Bureau of Investigation (“FBI”), and JAMES T. HAYES, JR.,
the Special Agent-in-Charge of the Department of Homeland
Security’s United States Immigration and Customs Enforcement
(“ICE”), announced that Australian national DANIEL TZVETKOFF was
arrested in Las Vegas this morning on charges that he assisted
illegal internet gambling companies by processing approximately
$500 million in transactions between U.S. gamblers and internet
gambling websites and disguising the transactions to the banks so
that they would appear unrelated to gambling.

According to an Indictment unsealed this morning in
Manhattan federal court:

In early 2008, TZVETKOFF began processing gambling
transactions in the United States through the Automated Clearing
House system (“ACH system”) which allows money to be
electronically transferred from a gambler’s U.S. checking account
to an internet gambling company simply by the gambler going to
the internet gambling company’s website and entering his bank
account information. TZVETKOFF and his co-conspirators processed
more than $543 million in ACH transactions between February 2008
and March 2009, the overwhelming majority of which were on behalf
of internet gambling companies. TZVETKOFF then arranged for the
funds received from gamblers to be wired offshore for the benefit
of the gambling companies. TZVETKOFF also invested approximately
$27 million from these ACH transactions into an online “payday
loan” company that offered consumers high-interest, short term
loans that typically carried an annualized interest rate of more
than 500 percent.

TZVETKOFF and his co-conspirators induced U.S. banks to
provide ACH services to internet gambling companies by disguising
the transactions so that they would not appear to be gambling
related. To accomplish this, TZVETKOFF and his co-conspirators
created dozens of shell companies with names unrelated to
gambling — complete with phony web sites that made the companies
seem legitimate — and represented to banks that the ACH
transactions were on behalf of these companies. On May 3, 2008,
one of TZVETKOFF’s co-conspirators in an email told TZVETKOFF
that he had hired programmers to develop “unique” websites for
the shell companies so that if someone was “checking the
companies out there is absolutely no way to tie the companies
together.” TZVETKOFF responded: “This is all perfect!”

In March 2009, TZVETKOFF stopped processing internet
gambling transactions after leading internet gambling websites
accused him of stealing approximately $100 million from them.

The Indictment charges TZVETKOFF with four counts,
including bank fraud, money laundering, and conspiracy to operate
and finance an illegal gambling business and to process
electronic funds transfers in violation of the Unlawful Internet
Gambling Enforcement Act of 2006. If convicted of all counts,
TZVETKOFF faces a maximum sentence of 75 years in prison.
TZVETKOFF, 27, was arrested this morning in Las Vegas
and is expected to be presented in Las Vegas federal court later
today. This case has been assigned to United States District
Judge LEWIS A. KAPLAN.

Mr. BHARARA praised the investigative work of the FBI
and ICE for their assistance in the investigation. Mr. BHARARA
said that the investigation is continuing.

Assistant United States Attorneys ARLO DEVLIN-BROWN,
JONATHAN NEW, and MICHAEL LOCKARD are in charge of the
prosecution. This case is being handled by the Office’s
Organized Crime Unit.

The charges contained in the Indictment are merely
accusations, and the defendant is presumed innocent unless and
until proven guilty.

10-130
###
-2

[via justice.gov]

Attorneys on both sides aren’t saying anything right now, but expect more news to come out when an announcement of possible indictments in the near future.

iMEGA has a copy of the documents up on their site.

This is a semi-significant ruling because while the First Amendment has stood up for such requests in most criminal prosecutions, there is less case law directly addressing matters of civil forfeiture, according to Judge Laura Taylor Swain … but ultimately, yes, when thousands of American citizens are having funds they believe to be theirs seized by the government, yes, the public has a right to know what’s going on.

Click here for 49 pages of freshly released legal documents, not all of which look like this:

The losing side, btw, in this mini case-within-a-case are ultimately the same Manhattan federal prosecutors who followed up these payment processee seizures with an indictment against Douglas Rennick — the Canadian payment processor who faces more than 50 years in prison (cumulative), $1.75 million in fines, and the forfeiture of nearly $566 million on charges of fraud, money laundering, and illegal gambling operations for his doing business with websites such as Full Tilt, PokerStars, Ultimate Bet, and others.

That indictment, of course, may or may not have come coincidentally on the same day Sen. Robert Menendez (D-NJ) introduced a Senate bill that would effectively make all the issues being adjudicated above moot in the future.

Regardless of what’s in play there, I think it’s clear why, indeed online poker related money issues really can’t be handled in the shadows — as much as some federal prosecutors would like such transactions to stay that way.

Internet Gambling Payment Processor Charged With Bank Fraud, Money Laundering and Illegal Gambling Offenses

NEW YORK, Aug. 6 /PRNewswire-USNewswire/ — Lev L. Dassin, the Acting U.S. Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (FBI), announced today the filing of an indictment charging Douglas Rennick with bank fraud and other offenses stemming from his role in processing more than $350 million for Internet gambling companies. According to the indictment filed yesterday in Manhattan federal court:

Since at least 2007 through June 2009, Rennick opened a number of bank accounts in the United States under various corporate names, such as KJB Financial Corporation, Account Services Corporation and Check Payment Financial Co. In opening the accounts, he and his co-conspirators falsely represented that the accounts would be used for such purposes as issuing rebate checks, refund checks, sponsorship checks, affiliate checks and minor payroll processing. In fact, Rennick and his co-conspirators used the
accounts to receive funds from offshore Internet gambling companies that offered, variously, poker, blackjack, slots and other casino games. Rennick and his co-conspirators then disbursed those funds via checks to U.S. residents seeking to cash out their gambling winnings. Rennick and his co-conspirators provided false and misleading information to U.S. banks about the purpose of the accounts because the banks would not have processed the transactions had they known they were gambling-related. In
total, Rennick and his co-conspirators processed more than $350 million transferred from a Cyprus bank account to various U.S. bank accounts for this purpose.

Rennick is charged with one count each of conspiracy to commit bank fraud, conspiracy to engage in money laundering and conspiracy to operate an illegal gambling business. If found guilty, Rennick faces a maximum term of 30 years in prison and a $1 million fine on the bank fraud charge, 20 years in prison and a $500,000 fine on the money laundering charge, and five years in prison and a $250,000 fine on the gambling charge. The indictment also seeks the forfeiture of at least approximately
$565,908,288, which represents the amount of proceeds obtained as a result of the illegal gambling and bank fraud conspiracies. The case has been assigned to U.S. District Judge Sidney H. Stein.

Rennick, 34, currently resides in Canada. Mr. Dassin praised the investigative work of the FBI and thanked the
Department of Homeland Security’s U.S. Immigration and Customs Enforcement and the Internal Revenue Service for their assistance in the investigation. Mr. Dassin added that the investigation is continuing.

Assistant U.S. Attorneys Arlo Devlin-Brown and Jonathan New are in charge of the prosecution, and Assistant U.S. Attorney Jeffrey Alberts is in charge of the forfeiture in this case.

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

So says this class-action lawyer on the right in an interview on CNBC on Wednesday. The Jeffrey Pollack lookalike on the left doesn’t seem to buy it.

ALT HED: Neteller 2?

The banks are deflecting blame and criticism, saying they’re simply complying with a federal court’s direction. Not surprising, of course, considering they aren’t really in a position to defy their new dot-gov overseers. The non-poker media probably doesn’t even give a shit about poker players — they just care right now about the relationship between government and banks … but hey, good to know … because just like government officials found a villain in the form of online gamblers to justify fingering its way into the bigger world of cross-border internet commerce, now online poker has a potential villain in bad, old-school governmenting (relying on nearly 50-year-old laws) to justify its immediate need to revise the laws that affect our multimillion-UScitizen industry.

To understand the brass tacks of what just happened and is happening, be sure to read the NYT story here:

Web’s Poker Winners Face Delay in Collecting
(Thanks, Lana, for the link!)

In it we learn:

• Four American banks were hit with court papers — Wells Fargo, Citibank, Alliance Bank of Arizona, and one other — telling them to freeze the funds.
• In part because of the secretive nature of grand juries, it’s not yet clear whether all are court orders or just friendly requests. (Ha.) Wells Fargo’s was an order.
• Four online sites affected — Full Tilt, PokerStars, and two others.
• Southern District prosecutors told at least one bank the funds in question “constitute property involved in money laundering transactions and illegal gambling offenses.”
• The accounts frozen belong to Allied Systems and Account Services, two payment processors (at least one of which seems to be based in Canada).

All fine and dandy (not), but what I found particularly interesting were the very last grafs:

The casinos and poker houses are based overseas, beyond the reach of prosecutors, who have sought to attack the businesses indirectly by going after American businesses that process transactions for offshore casinos or that advertise on their behalf.

Poker sites involved in this latest crackdown make money by taking a small part of each poker pot.

A. Jeff Ifrah, a lawyer representing Account Services, which has offices in San Diego and Canada, said that his client charged a small fee to issue checks to poker players.

Mr. Ifrah said that, to his knowledge, the government “has never seized an account that belongs to players who are engaged in what I would contend is a lawful act of playing peer-to-peer poker online.”

First, yikes if they go after companies that advertise online sites — but I guess that’s the whole dot-net thing. But beyond that, the non-poker world — just in time for Congress — is starting to understand how a rake works … and the relatively new phrase of “peer-to-peer poker online” is a step towards making the difficult distinguishment that online poker is indeed different than online gambling.

PPA Statement on Southern District of NY Action Against Online Poker Players
Letter Sent to Assistant US Attorney Requesting Presence at Future Hearings

WASHINGTON, DC (June 9, 2009) – The Poker Players Alliance (PPA), the leading poker grassroots advocacy group with more than one million members nationwide, today released the following statement by PPA Chairman Alfonse D’Amato on questionable actions taken by a federal prosecutor in the Southern District of New York to freeze payment processor accounts containing more than $30 million in poker players’ deposits and payouts.

The PPA also sent a letter to the Assistant United States Attorney for the Southern District of New York asking for an opportunity to be heard in any future warrant hearings. The letter is available at www.pokerplayersalliance.org.

“The PPA is disappointed that this unprecedented action has been commenced against law abiding poker players. The payment processor funds frozen by the Southern District of New York belong to individual poker players – not operators of poker websites – and do not represent the proceeds of any gambling activity, much less illegal gambling activity. This money should be immediately released by the Southern District to ensure that player payouts are not further disrupted. To that end, the PPA is coordinating a legal strategy to appropriately protect PPA members who are impacted by the Southern District’s actions. Further, the PPA has contacted the affected poker websites and has been informed that deposit and payout issues of players are being addressed and will be fully satisfied.”

“There are many legal issues that question the merit of the Southern District’s actions. Of greatest concern is that, in at least two cases, these actions were taken without first obtaining a seizure warrant. Seizure of money without judicial authority and litigation tactics inconsistent with previously stated Department of Justice policy appear to be the type of conduct that the Department has recently committed to change. Accordingly, the PPA on June 8th wrote to the prosecutor in charge of the matter and raised appropriate challenges and constitutional concerns with the actions taken to date.

“We are also concerned that the Southern District has selectively taken action against online poker when the current law regarding the activity is far from clear, and policies from various levels of government are inconsistent at best. In fact, no federal or state court has ever found a payment processor or a player accessing an Internet poker site to have violated the federal laws alleged by the Southern District in this case.

“For more than three years the PPA has advocated for a clear US policy, established through licensing and regulating skill games like peer-to-peer Internet poker. The PPA remains committed to legislation that creates a clear regulatory framework and we will continue to pursue every legal course available to ensure that in this instance poker players’ funds are not seized and their right to play online poker is protected.”